How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71146
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

My son is 21 yrs of age and lacks capacity under the Mental

This answer was rated:

My son is 21 yrs of age and lacks capacity under the Mental Health Act having severe Autism and Learning Disability. He was detained under Section 2 of the Mental Health Act yesterday.The reason given was not related to his Mental Health but to his Residential Support Agency having staffing issues! Is sectioning him for this reason appropriate, and more to the point is it legal?

Well, it depends.

S2 is for assessment not treatment.

What effect did them having staffing issues have upon him?

Customer: replied 1 year ago.
At the time he was sectioned none, the issue would have arisen on the night shift which would not have started for another 5-6 hrs, when Ryan would probably have been asleep anyway.To my knowledge no active attempts were made to find staff cover for the forthcoming shift
Customer: replied 1 year ago.
His Mental Health Status had not deteriorated in any way, he would not have required any assessment/ changes to his management at that time

That isn't a ground for sectioning. S2 is for assessment purposes. It is actually surprisingly easy to be sectioned under S2 but not for long and not without professional consent.

If that really is the reason given then you just appeal to the hospital managers and he would be discharged off section.

Can I clarify anything for you?


Customer: replied 1 year ago.
We have a meeting with the hospital tomorrow to discuss the situation. Your information will be most helpful to us. Thank you so much!

No problem

This does rely upon this being the only reason for sectioning though obviously.

Customer: replied 1 year ago.
I understand, I hope that any other reasons not conveyed to us at the time, if relevant, will be communicated to us tomorrow.

Yes, that would be my concern too.

You won't know until you get there.

Jo C. and other Law Specialists are ready to help you